Haaretz: “Dates of Infamy”

from Haaretz, September 16th, by Gitit Ginat

Imagine a person. He might be a man over 40 years old, married, with children. Or he might be a teenager, who until recently was in school. Now perch him on top of a date palm that soars to a height of 10 or even 12 meters – the height of a three- or four-story building. Imagine this person sitting atop the tree for five, six, even seven hours a day. It’s hot, but the heat is the least of his problems. Occasionally a strong wind blows, shaking the tree along with the person sitting on it. Scorpions and snakes come to visit sometimes, and ants wander freely over his body.

Now imagine what happens to this person when his body signals that it has some pressing need. Eating and drinking he does up there, on the tree. Urinating, too, if there’s no other choice. But if the digestive tract has a more serious demand, lengthy, vociferous and humiliating negotiations ensue with the contractor below. Sometimes they end with the person remaining up in the tree and holding it in by force, no matter what.

How convenient to imagine this happening somewhere else – in Indonesia, say. But in October 2005, when Salva Alinat, a representative of Kav La’Oved (Hotline for the Protection of Workers’ Rights), visited the offices of the trade union in Jericho, she heard complaints from workers in the date groves, who said that during the pruning season, in April and May, they had been forced to remain atop the trees throughout the day to save on breaks and to meet a daily quota. The story sounds incredible, but Alinat, who heard more and more complaints about the exploitation of Palestinian workers in Israeli settlements around Jericho, has no doubt that it’s true. Four different teams of workers, each of them consisting of eight to 10 people, told her about the phenomenon.

For several months Alinat traveled to the union office in Jericho to listen to agricultural and industrial workers in the area. At first they didn’t trust her. “Not infrequently,” she wrote in a report to Kav La’Oved, “the workers entered the trade union offices glancing nervously about, for fear that informers who were on close terms with the employers would report the meeting to them.” It was only after a few encounters, during which the workers were silent or replied laconically, that they opened up.

Well, then, what does a person think about when he’s on top of a tree that’s between eight and 12 meters tall, for such a long time? “As soon as I climb up the tree, the only thing I think about is how to get down from it,” says a worker from the village of Jiftlik, in the Jordan Rift Valley. “I don’t think about anything other than how not to fall out of the tree and how to manage to complete the quota. I know that at any moment I can fall and die, or fall and become a cripple, break an arm or a leg. So we work with one hand and hold the tree with the other. It’s terribly hard. Your body cramps up. The people are nervous, afraid. The whole time you are crouching, on your feet.”

‘Distributing monkeys’

Apart from routine maintenance, which includes irrigation and fertilization, work in a date palm grove is done in several major phases during the year. The removal of the thorns takes place in December and January. Pollination of the date flowers is done at the end of the winter and the beginning of spring. Pruning takes place in the spring and the harvest is in the fall, between September and November.

Optimally, the worker ascends to the treetop with the help of a “hoister,” on a fenced-in platform, on which he stands during the work and on which he descends afterward. These cranes are very expensive (the large one costs NIS 500,000, though there is a smaller and cheaper model) and not all the growers can afford to buy or rent one for each worker or each team of workers.

According to the Israel Institute for Occupational Safety and Hygiene, in cases where there is no crane with a platform for each worker or team, they must be hoisted onto the tree via a crane and then be tied to the trunk by a safety harness – but only for a limited period. In an irony typical of the land settlement movement, this method used to be called “distributing monkeys”: The crane dispersed the workers on the trees and brought them down at breaks and at the end of the day.

The work that is done in the summer months requires a stay of 20 minutes to an hour on the palm. Pruning, though, is more complex. If a tree that grows in an industrial grove is not pruned early on, it will produce large numbers of dates that “compete” with one another and usually do not reach their full size. Pruning is essential in order to obtain a large, high-quality date. The preferred method is manual pruning, by which a worker can do one or two trees a day. In this case, he has to be brought down from the tree several times during the day for breaks. Because the manual method was used in California, and the workers in question were hardscrabble Mexicans, this process came to be known in the industry as “Mexican pruning.”

A few weeks ago, Alinat met a grove owner who does not reside in the Jordan Valley, but has close business relations with owners of groves there. She asked him if he was familiar with the custom of leaving workers on the tree for the whole day. The man, who refused to be interviewed for this article, told Alinat that this situation does exist and is known as the “taxi driver” phenomenon: The “taxi driver,” he explained, sends the worker up the tree at the start of the day and collects him at the end. Quite a few Israeli employers in the Rift Valley use this method, the man said, because they treat Palestinians as cheap labor in which it’s not worthwhile to invest. Another source in the industry – he too does not live in the Rift Valley – confirmed that the phenomenon exists, though he does not know how widespread it is.

Taxi passengers

Five “Mexicans” or “taxi passengers” from the Jericho area are sitting opposite me in the restaurant at Almog Junction, at the southern end of the Jordan Rift Valley. They are all residents of Jiftlik; the youngest is 22, the oldest is 44. Like many Palestinians in the area, they began to help out in the house at age 6 or 7, and at the age of 14 or 15 were sent to work in the nearby settlements because of economic distress at home. Ten years ago they earned between NIS 20 and NIS 30 a day; today they earn NIS 40 net a day. All of them have years of experience working in the industry; all are intimately acquainted with dates.

“On average I am in the tree for five hours, without a crane,” says S., the oldest of the group. “There are trees that have few fruits, and the work on them takes four hours, even less. But there are trees where there is a lot of fruit to pick. That can take eight hours.”

Date palms have no branches, so where, exactly, do you sit?

S.: “The contractor – he is Palestinian, like us – divides the workers up by trees. The tractor lifts us up and you sit on the green palms high up, close to the trunk. I’m most afraid when there’s a strong wind. The tree shakes, and you are scared to death of falling.”

How do you manage to hold out for so many hours on a tree?

“You learn to hold out because you have to. Otherwise the contractor will say, ‘You don’t want to work? Go home.’ You are crouching down the whole day and move with your hands. You finish one cluster, move to the second one, then the third one. Usually you have to cover 25 clusters a day.”

If you’re hungry or have to go to the toilet during these five, six or eight hours, what do you do?

“I take food and water up with me. You have a bag and you tie it to the tree. You eat with one hand and the other hand holds the tree. If you want to go to the toilet, you can’t. You are not allowed to come down. So you go while you’re up in the tree. Only water. Only urinating.”

Excuse me for asking, but how can you urinate from an 11-meter-high palm tree?

“It’s all right, you can ask, I have nothing to be ashamed of. With one hand you hold onto the trunk, or you stand on an especially strong branch, open the pants and urinate on the ground. The contractor doesn’t care how you do it. ‘Do it however you like. I don’t care,’ he says. ‘What interests me is how much work you succeeded in doing during the day.”

But it’s dangerous, isn’t it?

“What can we do? If the worker comes down from the tree to relieve himself and then goes back up, that takes time. In that time he can be two clusters behind, and then the Palestinian contractor won’t hire him again.”

And if you have to – excuse me – take a crap? What do you do?

“Nothing. It’s impossible.”

But sometimes you can’t hold it in.

“You try to hold it in the whole day. You force yourself for hours. If it’s impossible to hold it in, you ask the contractor to let you come down. The contractor starts to shout. You curse him, you shout. And everyone is looking at you. Everyone is listening to you beg to come down and take a crap. The contractor doesn’t always let you come down. He humiliates me, shouts at me. One time a contractor shouted at me, ‘The same way you piss from the tree, you can also shit from the tree.'”

Sweat of their brow

“For thousands of years the valley was uninhabited, until the first settlers arrived here and with the labor of their hands and the sweat of their brow, turned it into a blossoming garden,” the Internet site of the Jordan Rift Valley Regional Council states. In 2004, according to the site, the valley’s agricultural produce was worth 73 million euros. A significant portion of that came from the date industry.

There are contradictory data about the number of Palestinian workers in the Rift Valley settlements and about those employed in the date groves. According to the Ministry of Industry and Trade, there are about 11,000 dunams (nearly 3,000 acres) of these groves in the valley.

Yitzhak Levy, the staff officer for labor and employment in the Civil Administration, says that the date industry has “about 8,000 [workers] and in the pruning season the number of employees declines.” But according to the regional council, “approximately 2,500 workers on average are employed in the valley in the various agricultural branches, mainly in two seasons: during the grape harvest and during the date harvest.”

At the disposal of the date pruners, whose number no one apparently wants to cite, are, according to Zvi Avner, the chairman of the regional council’s agricultural commission, “about 40 hoisters, and during the harvest the number rises [more equipment is rented] and there are about 120.” But the Palestinian workers’ complaints refer to the pruning season, when there is no increase in the number of hoisters.

Nevertheless, the regional council vehemently denies that there is a problem with this. “There is no foundation to the claim that workers are left on a tree without a hoister during the entire working day, without breaks on the ground,” Dubi Tal, the council head, writes. “The hoister must be adjacent to the tree, because the pruning team stands on it the whole time as a base from which to do the pruning. The move from one tree to the next requires that the hoister be lowered to ground level, go to the next tree, lift up the workers, and so on and so forth.” Besides this, Tal maintains, there is “an orderly break for breakfast after about four or five hours of work.”

A perusal of Alinat’s report and a conversation with the group from Jiftlik reveals the workers’ profound fear of complaining, out of a concern that they will not be hired again. Is there any other way to protect the workers? “In the whole enforcement area in the labor sphere, and in other spheres, the potential complainants are deeply afraid to file complaints,” staff officer Levy replies. “As this is a criminal procedure, anonymous complaints cannot serve as evidence for an indictment. At the same time, the great sensitivity of the subject will produce in the near future additional enforcement activity in the region, including talks with workers, in order to stamp out the offense, if indeed it exists.”

In contrast to the workers’ anxiety, Dubi Tal, the council chief, describes an idyllic relationship with the Palestinian neighbors. “To understand the special relations between us and them, you have to know it first-hand and examine it over time. Our mutual dependence on one another, on their economy and ours, has created a healthy, good relationship which proved itself even in the intifada years and the various closures. There were no cases of terrorist attacks perpetrated by our workers, who undergo a required security check. The personal and family ties between the workers and the farmers are also close, and they are invited and come to our family celebrations.”

‘Big competition’

Of the five men from Jiftlik who mustered the courage to be interviewed – on condition of anonymity – four still work in dates. The majority of the laborers in the area are not registered with the Civil Administration; they work for Palestinian contractors on a daily basis, and are paid in cash each afternoon when they finish. Until recently they had never even heard of social-welfare rights. They say that the temporary nature of the work, which is as arbitrary as Russian roulette, pushes them and hundreds of others to keep taking risks.

“There is big competition among the Palestinian workers in the Jericho area, in every sphere, in agriculture and industry,” says K., a 37-year-old Palestinian who used to work in dates and now has his own business. “They want to curry favor with the Israeli employer so he will let them keep working, and maybe make them permanent workers.

“But even if we have not become permanent workers, we want to stay on good terms with the Palestinian contractor and the Jewish employer so they will not fire us and we will be able to come back to work the next morning. So in terms of my considerations, I have to think about whether to come down from the tree to relieve myself and then to lag behind the others, or to stay on the tree, finish the quota and guarantee that I will be able to get the work tomorrow, too. Sometimes, even if the worker decides to take the risk of lagging behind in the work, the contractor will not let him come down.”

If so, whose decision is it to leave you on the tree? Yours, the Jewish employer’s or the Palestinian contractor’s?

K.: “It is a decision that we go along with, but originally it comes from the contractor and the employer. The Jewish employer tells the Arab contractor that he doesn’t have many cranes but he needs many workers. If you want to work, the employer tells the contractor, take one crane and get the workers on the trees. The Jewish employer pressures the Palestinian contractor to reach a very, very tough quota. If the contractor doesn’t reach the quota, he is fined, so he pressures the worker.”

S.: “The Jewish employer doesn’t even have to deal with us. He doesn’t shout and he doesn’t argue, he has no contact with us – he leaves the dirty work to the Palestinian contractor. During this time he can sit in his air-conditioned office. He knows that the Palestinian is doing the dirty work for him.”

According to the way representatives of the Rift Valley settlements deny the workers’ claims, one might think that the Palestinian laborers live and work in a different country.

Yoav Tuvi, who runs the cooperative date grove in the community of Roi: “There are no workers who stay up on the trees in the grove. They work on hoists. They receive all the conditions and even more than what you are obligated to give a worker.”

Yaakov Cohen, economic coordinator of Kibbutz Gilgal in the valley: “I am not familiar with that method and we don’t work according to it. The workers have hoists and under no circumstances do we leave someone on the tree and tell him, ‘Okay, see you in seven hours.'”

The secretary of Argaman, another Jordan Valley settlement, agrees: “The workers in the Argaman cooperative grove are employed seven hours a day. Every day at 10 A.M. they have a 45-minute break on the ground. The work on the trees is done on hoists. If there are such phenomena as you describe and you succeed in exposing this, I will be the first to welcome it.”

Shimon Bar-Asher, the secretary of Moshav Masua, adds: “The association has five or six hoists and on each one is a platform. The pruning is done standing up. Several workers prune the tree, so after about a quarter of an hour they move to another tree … The workers employed by the association work from 6 A.M. until 1 P.M.”

Says Maggie Myudek, secretary of Netiv Hagdud: “That phenomenon is totally unknown in the cooperative grove of Netiv Hagdud. Beyond that, I, as the person responsible for the association’s cooperative grove, cannot be responsible for private employers in private groves, or for the conditions in which they employ their workers.”

Is it possible that the Palestinian contractors issue different instructions?

Myudek:”I don’t know, but in my visits to the grove I never saw people hanging from the trees.”

Dreams of social security

Over the years reports have accumulated about the employment of Palestinian children in the settlements. Today the Civil Administration issues work permits for youths of 14 and over, claiming that “in Judea and Samaria the youth labor laws and the safety laws are based on Jordanian law.”

Asked if there is an advantage to employing youths in the date industry, the five workers answer: “Of course. Kids are quick and light. They can climb the trees faster. And it’s easier for the contractor to cheat kids when paying them and easier for him to humiliate them or exploit them. A boy doesn’t want a lot of money and he also doesn’t think much about what can happen to him in this work. He doesn’t think about the possibility that the branch will break and he will fall.”

The five relate that poverty drives families to remove their children from school to work in agriculture. Many of these youngsters work in the groves during the pruning season. “You have to understand,” they say, “that for a boy what’s important is to earn as much money as possible. The village children compete over who can earn the most money during vacations, when school is out. With that money, they say, I can buy things that my parents can’t buy me, like a computer or a bicycle, or schoolbooks.”

S.: “Usually, the kids who go to work at a young age are ones who didn’t do well in school.” He nods toward Y., 35, the quietest person around the table, and says, “He’s spoiled: He was in school until he was 17. Even though he behaved there just like a chair. I, for example, have a 17-year-old son who didn’t make progress in school, so he has to go to work. He has been working for 20 days in the dates and he is very angry. Very irritable. He doesn’t want to go on working. But I tell him that if he failed in school, he has no choice.”

K.: “Education is our hardest battle. More than 90 percent of the Palestinian workers in agriculture in the Rift Valley are illiterate. These people are very weak. They can’t do anything. We don’t want our children to be illiterate. Today illiteracy means not only people who can’t read or write, but also people who don’t know how to work a machine or a computer.”

The five workers from Jiftlik do not easily reveal their emotions. But as they are about to get up, I ask them again: What does a person think about when he’s in a tree for five, six, eight hours?

“About the competition,” Y. says. “Sometimes I look at the worker next to me and see that he is working very fast, and I know that I have to be as fast as him, and I get frightened.”

“The hardest thing, not just physically, but also personally, is to relieve yourself,” S. says. “You think about it a lot, because it’s hard culturally, hard in terms of politeness. Everyone is looking at you. When you stand up to urinate, you are exposed to the view of all the other workers. When you need to crap, you have to ask out loud, next to everyone, to argue just so they let you come down from the tree.”

What would you like to see happen now, after you agreed to talk to Haaretz?

K.: “Our dream is safe work, but also proper money in return. We don’t want to work so hard and not get enough money for it. I dream that after 20 years, 30 years of work I will have some sort of security. Social security, like a pension, so I won’t have to live without an income. After 30 years of work the laborers have nothing. At the age of 50, either they are helped by their family or they get handouts.”

“My dream is for the workers to stop being afraid,” says H., 35. “Fear is the workers’ problem. Because of fear they keep quiet and let everyone exploit them.”

“We would like the prime minister to understand us,” S. says. “He has to understand us. After all, he is a working man, too.”

Al Haq- “One Year after ‘Disengagement’-Gaza still Occupied and under Attack”

AL-HAQ PRESS RELEASE

One year ago, on 12 September 2005, Israel completed its unilateral withdrawal from the Gaza Strip under the ‘Disengagement Plan’. In the year that followed, the Gaza Strip endured military incursions, shelling, attacks on infrastructure, targeted assassinations, sonic booms, aerial surveillance, border closures, and fishing restrictions. Also Israel retains control of the civil population registry. The unilateral withdrawal aimed to establish that the Gaza Strip was no longer occupied, thereby relieving Israel of its duties as the Occupying Power. In reality, Israel has retained effective control of the Gaza Strip and consequently has never ceased its occupation.

Israel continues to control Gaza’s land borders, air space and territorial sea. It closes at will the border crossings regulating the entry and exit of people, goods and services. In fact, external freedom of movement has worsened since the withdrawal. In the year since 12 September 2005, Karni Crossing, used for the transit of goods, was closed completely for a total of 175 days and partially for a further 169 days. Since April 2006, there have been severe humanitarian shortages in the Gaza Strip, including essential medicines and food stuffs. The situation has been aggravated by restrictions on the entry of humanitarian supplies and access for humanitarian workers. These measures violate Israel’s obligation to ensure the right to freedom of movement to, and to provide for the well-being of, the civilian population of the Gaza Strip.

Since the unilateral withdrawal, Israel has actually increased its shelling and its targeted assassinations of wanted Palestinians within the Gaza Strip, especially since the beginning of large scale military incursions (Operation ‘Summer Rains’) on 28 June 2006. These attacks have killed 362 Palestinians, the majority of whom were civilians, including women and children. The attacks have also targeted private houses, educational institutions, charitable associations, government ministries, and infrastructure such as bridges and roads, as well as Gaza’s main power plant, resulting in severely restricted power supply. By these actions, Israel has repeatedly failed to uphold its duty to distinguish between combatants and civilians, as well as between military objectives and civilian objects.

On 9 July 2006, Israeli online newspaper Arutz Sheva reported that Israeli General Yoav Galant, Southern District Commander, described the purpose of Operation ‘Summer Rains’ as follows:

The IDF is ready for a long operation involving raids. Within a month or two, the Palestinians will count hundreds of dead terrorists, damaged infrastructures and destroyed offices. When they make the overall calculation, I assume that they will think twice before their next attack or abduction attempt.

The stated intention is to punish all Palestinians in the Gaza Strip for an armed raid and rocket attacks against Israel carried out by a small number of individuals. Those actions cannot justify Israeli military operations such as indiscriminate shelling and sonic booms by low-flying military planes, which affect the Palestinian population as a whole. Article 33 of the Fourth Geneva Convention prohibits collective punishment of protected persons for an offence they have not personally committed. By undertaking such measures, Israel is in clear breach of this provision.

The events of the past year demonstrate that Israel’s occupation remains, and consequently its obligations as the Occupying Power in the Gaza Strip. Nevertheless, there have been numerous breaches of these obligations, and Operation ‘Summer Rains’ has done much to worsen the situation. Ending occupation and respecting international law are fundamental prerequisites for a durable solution to the conflict. On this day, one year after the conclusion of Israel’s unilateral withdrawal from the Gaza Strip, Al-Haq calls on the High Contracting Parties to the four Geneva Conventions to recognise Israel’s continued occupation of, and responsibility for, the Gaza Strip, and to uphold their obligation under common Article 1 to ensure Israel’s respect for the four Geneva Conventions.

What You Can Do For Gaza

A British newspaper, The Independent is trying to launch a campaign to bring the world’s attention to what is happening in Gaza – they need strong letters of support and encouragement for this. Otherwise the momentum will not build and grow as it must in the coming days. The leader article is below. See also “Gaza is a jail”.

Please if you can take a second today, write to:

letters@independent.co.uk and cc to D.Orr@independent.co.uk

——–

Leading article: A brutal siege the world must ignore no longer

09.08.2006 | The Independent

Gaza is being slowly strangled. This small strip of land on the eastern shores of the Mediterranean has been under siege by the Israeli military for three months. Its 1.5 million inhabitants have been subject to more than 270 air strikes, numerous ground raids, and a severe artillery bombardment. Since Gaza’s sole power plant was bombed in June, its people have been forced to survive by candlelight after dark. Hospitals use electric generators to keep essential services running. The strip’s water mains have been destroyed, causing serious supply problems and increasing the risk of disease. Bridges have been bombed and checkpoints closed. No Palestinians are allowed in or out of what has in effect become a prison.

This has brought the Palestinian economy to its knees. The majority of Gazan families have been forced to rely on United Nations food aid. Yet even support from the outside world for these people has been severely cut back. When Hamas won the Palestinian elections in January, the United States and the European Union decided to stop their funding of the governing institutions of the Palestinian Authority until the militant organisation renounced violence and accepted Israel’s right to exist. An adviser to the Israeli Prime Minister referred to this jokingly as “putting the Palestinians on a diet”. But the result has been the complete breakdown of Palestinian society. The civil service, which supports one-quarter of the population, has been paid no wages in six months.

According to the United Nations, $30m-worth of damage has been inflicted on Gaza since this operation began. But the far graver cost has been in human life. In July and August, some 251 Palestinians were killed by Israeli military action, half of them civilians. The dead have included women, children and the elderly. Hundreds more have been wounded.

And yet while all of this has been going on – the bloodshed, the hunger, the social collapse – the world has turned away. The international community has been preoccupied with the worsening situation in Iraq, Afghanistan or Israel’s war with Lebanon. Yet while the people of Lebanon were able to flee Israel’s bombardment, Gazans have had no such freedom.

The Israeli government claims the purpose of its blockade is to secure the return of Corporal Gilad Shalit, a soldier kidnapped in June after a raid by a faction of Hamas. Another objective is, we are told, to prevent militants firing Qassam rockets across the border into Israeli towns and villages by militants. Even if we accept this intention, the methods have been grossly disproportionate. Five Israelis have been killed by Qassams in the past six years. Does this justify such a lethal response in Gaza? The operation is also deeply questionable from a practical perspective. Does the Israeli government truly expect degrading all Gazans in this fashion to secure the release of Corporal Shalit?

Ultimately we must accept that the return of the Israeli military to Gaza is less about stopping rocket attacks, winning the release of Corporal Shalit, or even removing Hamas, than it is about imposing a collective punishment on the Palestinian people, in the belief that it is in the interests of the state of Israel to do so. It is not. The long-term interest of Israel lies, as it always has, in progress towards a two-state solution. The great prize is the normalisation of relations between Palestinians and Israelis. Every day that the people of Gaza are denied their dignity – every time more innocent Palestinians are killed by stray Israeli rockets – such a settlement is pushed further away.

See also: The Independent: ‘Gaza is a jail. Nobody is allowed to leave. We are all starving now’

———

Reader letters

From: johnwfarley[at]yahoo.com
To: Letters@independent.co.uk
CC: D.Orr@independent.co.uk
Subject: Great article on situation in Gaza
Date: Sun, 10 Sep 2006 16:31:40 -0700 (PDT)

Dear Independent:

Thank you for running the courageous article about Gaza on Sept. 8 “A Brutal Siege the World Must Ignore No Longer”. The world is ignoring a heart-rending situation. Many mistakenly believe that Israel has withdrawn from Gaza. Your article sets down the unpleasant and indeed horrifying truth.

Inevitablly you will get criticism from predictable quarters. Please ignore it. Your article is in the finest journalistic tradition.

Best regards,

John Farley
Henderson, NV, USA

***

From: smahajan[at]sbcglobal.net
To: Letters@independent.co.uk
CC: D.Orr@independent.co.uk
Subject: Your articles on Gaza
Date: Sun, 10 Sep 2006 13:29:13 -0700 (PDT)

To,
The Independent

Sir/Madam,

I am highly gratified by Independent’s campaign to bring the world’s attention to Gaza’s misery. The recent spate of articles by your paper on the issue, including the leading article “A brutal siege the world must ignore no longer”, have vividly detailed how Israel is brutally strangling Gaza and has reduced it to beggary. When other mainstream newspapers (at least in the US) such as the New York Times never tire of making excuses for and defending every atrocious atrocity that Israel perpetrates on Lebanese and Palestinian civilians, the Independent has shown that real journalism is about passionate search for truth and justice. Please keep up the good work.

Regards,

Sanjeev Mahajan

Haaretz: “90% of Palestinian complaints to police ‘unsolved’ “

by Avi Issacharoff, from Ha’aretz, 11th September 2006. Followed by a collection of links to ISM reports on complaints to the Israeli police from which nothing has come.

A total of 90 percent of the complaints filed by Palestinians in the West Bank against Israeli citizens for violent attacks have been closed without charges being filed, according to a report prepared by the human rights organization Yesh Din, which will be made public Monday.

The organization is staffed by volunteers, who focus on the way law is enforced vis-a-vis Israelis in the West Bank, describes the police handling of the complaints as negligent, careless, unprofessional and disrespectful.

During the first 11 months of 2005, a total of 299 police investigations into Palestinian complaints of Israeli violence against them were initiated, according to the Yesh Din report. Data for the total number for 2006 are not included in the report.

The report is based on a sample study of 92 cases, filed with police during both 2005 and 2006. A third of these complain of assault – battery, use of firearms and other weapons, stone throwing – however the report concludes that 80 percent of these cases were closed without any charges being filed against the suspects.

In response, the Judea and Samaria Police said that “the data was passed on to the responsible authorities.”

On the basis of the sample study, it turns out that 90 percent of the cases were closed without charges being brought against anyone. In 83 percent of the cases, the reason was that the suspect could not be found or there was insufficient evidence.

In 7 percent of the cases, the cause was that the forms on which the complaints had been filed were lost – which meant that it was impossible to investigate the case.

A total of 96 percent of the cases, having to do with trespassing – including damage to olive groves – were closed without bringing charges against suspects. All cases involving property damage were closed without charges.

Yesh Din says that Palestinians are sometimes prevented from filing complaints against settlers who damage their property by the unwillingness of police officers to take down their testimony or because they are asked to present documents that they do not have.

According to a closer study of a sample of 42 cases, the following problems emerged in the police treatment of the plaintiffs: Their testimonies were not taken in Arabic; in few instances did the investigators agree to visit the site of the alleged crime; evidence from the crime scene was collected unprofessionally; testimonies of key witnesses were not taken; in almost all cases, no line-ups of Israeli suspects were held; in all 42 cases the police failed to check the suspects’ alibis.

The report points to fundamental problems in the way the Judea and Samaria Police is structured. While it is responsible for the largest police district in the country, it only has 6 percent of the police force at its disposal and receives a mere 2.5 percent of the overall police budget.

In addition, the number of patrol cars available is very limited, and the policemen can only leave their stations to collect evidence if they are accompanied by an IDF patrol.

The report also points to failings in the way the IDF has handled Palestinian complaints. Unlike the police, the IDF is neither limited in manpower nor budgets.

However, the soldiers have not received any instructions on their role in protecting Palestinian civilians from Israeli attackers, even though the IDF claims the contrary. In practice, a great deal of confusion exists.

__________________

The “Justice” of Occupation

by ISM Media group

This report published in Ha’aretz merely confirms what Palestinians have known for years about the Occupation ‘justice’ system, namely that the complaints process is a figleaf for the unaccountable brutality of Occupation. Palestinians are well aware that their complaints of attacks by settlers or the Israeli military are unlikely to be taken seriously. In practice most Palestinians won’t even complain to the Israeli police about all but the most serious attacks for fear of reprecussions from Israeli colonists or soldiers. In the few cases where convictions are secured, sentences for even the most serious crimes like murder are derisory.

The following is a list of examples from ISM eye-witness reports.

Muhammed Abu Solayby from Beit Ummar village made 8 complaints to the police about settlers destroying his orchards and vines but none of these were taken seriously. Even when internationals witnessed and videoed this destruction taking place, the police refused to act.

International human rights workers (HRW) have first-hand experience of this culture of impunity. When two internationals were attacked by masked settlers in Susya near Hebron this summer whilst armed settler guards watched, a complaint was filed with the police. The police promised to investigate and quickly confirmed that they knew the identity of some of those participating. To date, however, no action has been taken against the attackers.

HRWs in the Tel Rumeida district of Hebron are frequently attacked by settlers and do make complaints to the police. None of these has led, however, to any prosecutions of the settlers involved, even where the attacks are recorded on video. Sometimes settlers who assault HRWs will claim they were attacked and the HRW will be detained:
https://www.palsolidarity.org/main/2006/06/28/anat-cohen/
https://www.palsolidarity.org/main/2006/09/11/hrw-detained/

RMIT University press: “Mary’s Middle East mission”

Interview from community radio of RMIT university, Melbourne, Australia

A former RMIT University lecturer has become a volunteer peacekeeper on a Middle East frontline – at 75.

Mary Baxter, who lectured in statistics and mathematics from 1968 to 1996, is based in Tel Rumeida, a suburb of the Palestinian city of Hebron in the West Bank.

“My chief task is to get Palestinian children to and from school safely. Israeli settlers train their children to throw rocks and stones and often watch them doing this,” Ms Baxter said.

“The young Israeli soldiers stationed in the area are supposed to protect the Israeli settlers but it is the Palestinians who need protection.”

Ms Baxter pays her own way, working with International Solidarity, a Palestinian-led non-violent organisation. Her work involves collaboration, too, with Machsom Watch (Israeli mothers and grandmothers), Christian Peace Teams and the Ecumenical Accompaniment Program in Palestine and Israel.

“I work at getting the soldiers to see the Palestinians as people. It helps that I automatically like the soldiers and am able to separate who they are from what they do. They are very like the engineering students that I taught for 30 years at RMIT.”

Ms Baxter was the first permanent woman lecturer in a technological area at RMIT.

She told Openline: “In the early days, Brigadier Jackson (Principal of RMIT) would visit each department for morning tea. When he met me, he asked, ‘How do you manage classes who are all young men?’ My boss replied for me, ‘She has five sons’. The Brigadier then said to me, ‘I take the question back’.”

What made her take up her new and challenging role?

“A mixture of things. I know the area. I was in Jerusalem for an International Ecology Congress (Statistics section) in 1978. Then, again, with my husband Alan (who was an Anglican priest) in 1987 on a Melbourne Jewry-sponsored tour for Christian clergy. Alan did a locum in Damascus in 1988 and I joined him for two months.

“I was definitely bored in retirement. And I think it is a call from God. I am certainly healthier in Palestine, in spite of the danger, than in Melbourne.”

Are there signs of hope?

“Not much from governments. Israel says they will remove settlers but keep taking more land. Positive signs are that young Israelis come to help, as do overseas Jews.

“Also a lot of the soldiers are nice kids. Sometimes a soldier will say, ‘I’ll look after the children, Mary’. Then I don’t have to antagonise settlers by going so close to where they live.”

What are the signs that things are getting worse?

“There are more and more roadblocks. Just south of Hebron, the Israeli army is building a wall one metre high. As usual, they say it is for security. But people can get over it. Tractors and donkeys can’t. And, of course, it is right in the middle of Palestinian land.”

Are you fearful for your personal safety?

“Not really. I do get hurt at times but if the settlers really wanted me dead, I would be by now.

“I have five sons and 12 grandchildren who all agree that being in the West Bank suits me.”